(Amendment No. 2) (Jersey) Law 2008
A LAW to amend further the Terrorism
(Jersey) Law 2002.
Adopted by the
States 7th November 2007
Order of Her Majesty in Council 12th February 2008
Registered by the
Royal Court 22nd
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
In this Law, “principal Law” means the
Terrorism (Jersey) Law 2002.
Article 23(5) of the principal Law there shall be inserted the following
“(5A) A person does not commit an offence under this
Article by failing to disclose any information or other matter that has come to
his or her attention, if –
(a) it comes to the person in the course of his
or her employment in the financial institution;
(b) the financial institution was required by an
Order made under Article 37 of the Proceeds of Crime (Jersey)
Law 1999 to provide the employee with
training, but had not done so;
(c) the training, if it had been given, would
have been material; and
(d) the employee does not know or suspect that
the other person concerned had committed an offence under any of
Articles 15 to 18.”.
Article 23(7) of the principal Law –
(a) in sub-paragraph (a), for the words
“the alleged offender’s employer” there shall be substituted
the words “the employer of the person making the disclosure”;
(b) in sub-paragraph (b), for the words
“the alleged offender’s” there shall be substituted the word
In Article 24(2) of
the principal Law, the words “(‘the discloser’)” shall
Articles 24A, 24B and 24C inserted
After Article 24 of the principal Law there shall be inserted
the following Articles –
(1) Information which is disclosed to an officer
of the Force or customs officer under Article 20, 21, 22, 23 or 24 shall not be
disclosed by that officer, or by any person who obtains the information
directly or indirectly from the officer, unless its disclosure is permitted
under Article 24B or 24C.
(2) A person who contravenes paragraph (1)
shall be guilty of an offence and liable to imprisonment for a term not
exceeding 6 months or to a fine not exceeding level 4 on the standard
scale, or both.
(3) It is a defence for a person charged with an
offence under this Article to prove that the person took all reasonable steps
and exercised due diligence to avoid committing the offence.
for purposes within Jersey
(1) Article 24A does not prohibit the
disclosure of information to a person in Jersey for the purposes of the
investigation of crime in Jersey or of criminal proceedings in Jersey.
(2) Article 24A does not prohibit the
disclosure of information, for other purposes in Jersey, to –
(a) the Attorney General;
(b) the Jersey Financial Services Commission;
(c) an officer of the Force or customs officer;
(d) any other person who is for the time being
authorized in writing by the Attorney General to obtain that information.
for purposes outside Jersey
(1) Article 24A does not prohibit the disclosure
of information if –
(a) the Attorney General has consented to the
disclosure and has not withdrawn that consent; and
(b) the information is disclosed –
the purposes of the investigation of crime outside Jersey or of criminal
proceedings outside Jersey, or
an authority outside Jersey which is a competent authority for the purposes of
Article 3(3) of the Investigation of Fraud (Jersey) Law 1991.
(2) The Attorney General may give
(a) generally or specifically; and
(b) unconditionally or subject to such
conditions as the Attorney General may stipulate.
(3) Without prejudice to the generality of
paragraph (2), the Attorney General’s consent may be given in terms
which permit the disclosure from time to time (as the occasion requires) of
such a class of information as is specified in the consent to such a person or authority
or class of persons or authorities as is so specified.
(4) Without prejudice to the generality of
paragraph (2), a condition –
(a) may be expressed generally or in respect of
any specified information;
(b) may provide that information may only be
disclosed in specified circumstances or for a specified purpose; or
(c) may provide that any person or authority to
whom information is disclosed shall not disclose it to any other person or body
without the prior consent of the Attorney General.”.
1 of Schedule 3 amended
For paragraph 1(3) of Schedule 3 to the principal Law
there shall be substituted the following sub-paragraph –
“(3) The balance of any sums in
the hands of the Viscount by virtue of an order made under sub-paragraph (1)
shall, after making payment (where appropriate) under sub-paragraph (1)(d),
be paid into the Criminal Offences Confiscations Fund established by
Article 24 of the Proceeds of Crime (Jersey) Law 1999.”.
11 of Schedule 3 amended
In paragraph 11 of Schedule 3 to the principal Law –
sub-paragraph (2)(a), for the words “a country or territory which is
for the time being designated by the Regulations for the purposes of this
paragraph” there shall be substituted the words “a country or
territory outside Jersey”;
sub-paragraph (3)(b) there shall be substituted the following
“(b) provision, made in a country
or territory outside Jersey, prohibiting dealing with property –
is subject to an external forfeiture order, or
respect of which such an order could be made in proceedings which have been or
are to be instituted in that country or territory (‘an external restraint
sub-paragraph (5), for the words “a designated country or
territory” there shall be substituted the words “a country or
territory outside Jersey”.
7 of Schedule 6 amended
For paragraph 7(3) of
Schedule 6 to the principal Law there shall be substituted the following
States may by Regulations –
for a class of information to be customer information, or to cease to be
customer information, for the purposes of this Schedule; or
the meaning of the expression ‘business relationship’ for the
purposes of this Schedule.”.
Regulations made under paragraph 11 of Schedule 3 to the
principal Law which are in force immediately before this Law comes into force
shall remain in force until revoked by further Regulations made under that
paragraph as amended by this Law.
This Law may be cited as the Terrorism (Amendment No. 2)
(Jersey) Law 2008 and shall come into force 7 days after it is registered.
Deputy Greffier of the States